Environment Protection and Biodiversity Conservation (National Recovery Plan for albatrosses and petrels) Instrument 2022

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2022L01285 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Environment Protection and Biodiversity Conservation (National Recovery Plan for albatrosses and petrels) Instrument 2022

(Issued under the Authority of the Minister for the Environment and Water)

 

Background

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the protection of the environment and conservation of biodiversity, including the protection and conservation of threatened species and ecological communities.

Legislative Authority

Part 13, Division 5, Subdivision A of the EPBC Act provides for the making or adoption, of recovery plans and threat abatement plans for listed threatened species or listed threatened ecological communities, which bind the Commonwealth and Commonwealth agencies.

Subsection 269A(3) of the EPBC Act provides that the Minister may make a written recovery plan for the purposes of the protection, conservation and management of a listed threatened species or listed threatened ecological community jointly with one or more of the States and self-governing Territories in which the species or community occurs.

Subsection 283(1) of the EPBC Act provides that a recovery plan made or adopted under this Subdivision may deal with one or more listed threatened species and/or one or more listed ecological communities.

Purpose of the Instrument

The purpose of this instrument is to jointly make the National Recovery Plan for albatrosses and petrels (Recovery Plan) with the States of Victoria, Queensland, Western Australia and Tasmania.

The twenty EPBC Act listed threatened species of albatrosses and petrels included in the Recovery Plan are listed in either the Endangered or Vulnerable categories in the List of Threatened Species established under section 178 of the EPBC Act. Furthermore, the species occur in one or more of the States which have agreed to the joint making of the Recovery Plan.

The listed species face a range of threats to their long-term survival on land, particularly habitat degradation and predation by feral species, and at sea, particularly being incidental catch during fishing operations. The species included in the Recovery Plan and their listing category under the list of threatened species are as follows:

  • Diomedea amsterdamensis, Endangered
  • Diomedea antipodensis, Vulnerable
  • Diomedea antipodensis gibsoni, Vulnerable
  • Diomedea dabbenena, Endangered
  • Diomedea epomophora, Vulnerable
  • Diomedea exulans, Vulnerable
  • Diomedea sanfordi, Endangered
  • Macronectes giganteus, Endangered
  • Macronectes halli, Vulnerable
  • Phoebetria fusca, Vulnerable
  • Thalassarche bulleri, Vulnerable
  • Thalassarche bulleri platei, Vulnerable
  • Thalassarche carteri, Vulnerable
  • Thalassarche cauta, Endangered
  • Thalassarche chrysostoma, Endangered
  • Thalassarche eremita, Endangered
  • Thalassarche impavida, Vulnerable
  • Thalassarche melanophris, Vulnerable
  • Thalassarche salvini, Vulnerable
  • Thalassarche steadi, Vulnerable

The Recovery Plan provides for the research and management actions necessary to stop the decline and support the recovery of the above listed species so that their chances of long-term survival in nature are maximised.

Consultation

In accordance with paragraph 277(1)(a) of the EPBC Act, the Minister was satisfied that an appropriate level of consultation was undertaken. The Recovery Plan was prepared in accordance with the processes outlined in Part 13, Division 1, Subdivision A of the EPBC Act.

Section 274 of the EPBC Act provides that the Minister must obtain and consider advice from the Threatened Species Scientific Committee (Committee) on the content of the Recovery Plan. The Committee recommended that the Recovery Plan be made under the EPBC Act.

In accordance with section 275 of the Act, public comment was invited on the draft Recovery Plan from 21 May 2021 until 27 August 2021. A notice inviting comments on the Recovery Plan was advertised in the Gazette, The Australian newspaper and on the website of the Australian Government Department of Agriculture, Water and the Environment. As required by section 276 of the Act, all comments were considered before making the Recovery Plan. The Minister consulted with the Minister of each State and self-governing Territory in which the listed species occur, as required by paragraph 269A(5)(a) of the EPBC Act. The Victorian, Queensland, Western Australian and Tasmanian Ministers have agreed to jointly make the Recovery Plan. The South Australian and New South Wales Ministers were also consulted on jointly-making the Recovery Plan.


Section 270 of the EPBC Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations) requires that recovery plans include certain content, such as stating the objectives of the plan and specifying the actions needed to achieve the objectives. The Recovery Plan contains the content prescribed under the EPBC Act and the Regulations.

Commencement

The National Recovery Plan for albatrosses and petrels commences on the day after this Recovery Plan is registered on the Federal Register of Legislation.

This Recovery Plan is a legislative instrument for the purposes of the Legislation Act 2003.

This Instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out below.

Authority: subsection 269A(3) of the Environment Protection and Biodiversity Conservation Act 1999.

 


Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment and the conservation of biodiversity in Australia, including the protection and conservation of threatened species and ecological communities. The Act empowers the Minister for the Environment and Water to make or adopt recovery plans for listed threatened species or threatened ecological communities. This legislative framework was introduced to address the problem of declining populations of threatened species and the need for coordinated conservation efforts across jurisdictions. The Environment Protection and Biodiversity Conservation (National Recovery Plan for albatrosses and petrels) Instrument 2022 was issued under the authority of the Minister for the Environment and Water, in accordance with subsection 269A(3) of the EPBC Act, to jointly make the National Recovery Plan for albatrosses and petrels with the States of Victoria, Queensland, Western Australia, and Tasmania. The policy objective of this instrument is to provide for the research and management actions necessary to halt the decline and support the recovery of the listed albatrosses and petrels, ensuring their long-term survival in nature.

Scope and Application

The Environment Protection and Biodiversity Conservation (National Recovery Plan for albatrosses and petrels) Instrument 2022, issued under the authority of the Minister for the Environment and Water, applies to the protection and conservation of twenty listed threatened species of albatrosses and petrels that fall within the Endangered or Vulnerable categories in the List of Threatened Species established under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This legislative instrument, made jointly with the States of Victoria, Queensland, Western Australia, and Tasmania, binds the Commonwealth and Commonwealth agencies, and aims to address the threats these species face, such as habitat degradation, predation by feral species, and incidental catch during fishing operations. The instrument is enacted under the authority provided by the EPBC Act, specifically Part 13, Division 5, Subdivision A, and section 269A(3), which allows the Minister to make a recovery plan for listed threatened species in conjunction with the relevant states. The plan was developed following consultation with the Threatened Species Scientific Committee and public comments, and includes necessary research and management actions to support the recovery of these species. The instrument extends nationally, affecting all relevant entities within the Commonwealth, and commences on the day after it is registered on the Federal Register of Legislation.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation (National Recovery Plan for albatrosses and petrels) Instrument 2022 (the Instrument) include sections 269A(3) and 283(1) of the EPBC Act, which provide the legal basis for the creation of recovery plans for listed threatened species and ecological communities. Section 269A(3) allows the Minister to make a recovery plan in collaboration with states and territories where the species or community occurs, while section 283(1) enables a recovery plan to address one or more threatened species or communities. The Instrument itself, under section 270 of the EPBC Act and regulation 7.11 of the Environment Protection and Biodiversity Conservation Regulations 2000, mandates that recovery plans must specify the objectives of the plan and the necessary actions to achieve these objectives. The obligations imposed by the Instrument on the parties involved, including the Commonwealth and the states of Victoria, Queensland, Western Australia, and Tasmania, are primarily focused on the implementation of the Recovery Plan. These parties are required to undertake the research and management actions detailed in the Recovery Plan to address the threats faced by the listed albatrosses and petrels. These actions include measures to combat habitat degradation and predation by feral species on land, and measures to reduce incidental catch during fishing operations at sea. The states involved must also ensure that their respective actions align with the objectives and actions specified in the Recovery Plan. Breaches of the obligations set out in the Recovery Plan may result in civil or criminal penalties under the EPBC Act. Section 535 of the EPBC Act provides for the imposition of civil penalty provisions for offences related to the protection of listed threatened species and communities. The maximum civil penalty for a corporation can be up to $1.1 million, while the maximum penalty for an individual can be up to $220,000. Additionally, section 536 of the Act allows for criminal penalties, including fines of up to $220,000 for individuals and $1.1 million for corporations, along with potential imprisonment terms. These penalties underscore the seriousness with which the Act treats the protection and conservation of listed threatened species and communities.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.